[chris_at_lucas_RN]

Originally Posted by suzanne4

I have had this experience many times, that is why I posted this to you. The hospital essentially signs almost a non-compete clause for nurses that live in their area. They figure that any that live within that distance can easily commute to them. And just because an agency sent you a mailing does not mean that they have any assignments available there now, or they may have them in an area that you do not have experience in such as the OR or Labor and Delivery, etc. They figure that most in the area can hire directly if they have a need, and those that live further away may not consider them for any type of work. Have seen this type of marketing for years and years, and have worked agency most of my career so have seen just about everything. The facility may not have any needs in the area that you can work and have experience in.

You did not get the e-mail because you spoke to the facility, but just that you are a nurse in a certain area, and I am sure that the agency sent out something to everyone within probably a 100 mile area not knowing which ones that are in the non-hire area for them.

The agency specified they did have med surg slots in this specific hospital.

They apparently took my name from monster.com, since the BON doesn't have my email address and I was contacted via email. Not sure how an agency would know who was within 100 miles or whatever, based on email addresses--I've gotten nothing from anyone by snail mail.

I am certain in fact that there is no relationship whatever between my having attempted to work for the same facility, and being contacted by the agency.

I understand what you are saying, Suzanne, it's just that it isn't responsive to my specific questions or concerns, and draws info in that doesn't have to do with me, except that this is the first I've seen of a "noncompete clause," but you'd think that if they were wanting someone per diem, they'd look in their own neighborhood. Cheaper, more convenient, closer in. The one argument that does make sense is the possibility that they have morale issues and don't want a local nurse coming in and bad mouthing, but I have seen agency nurses do this as well, so I'm not sure about that either.

I think maybe I'll just call the hospital tomorrow and see if they are interested in me for per diem. If the agency has a slot in med surg for that hospital for which I have already been qualified, then I bet the hospital won't mind considering me for the same slot, and saving some moolah. Maybe I can get some specifics if I ask the administration. It will probably burn me for a job at the hospital, but hey, I can't get their attention anyway, so it seems nothing is lost.

I'm sorry we didn't have a meeting of the minds, Suzanne, but I do appreciate your posts.

[suzanne4]

It has nothing to do with the IRS at all, but what the contract stipulates that the agency has signed with the facility. And nothing to do with you either, but strictly what is in the contract.

And again, just because you got a mailer from the agency, it does not mean that they have any openings in the dept that you have experience in at the moment at that specific hospital. The agency is only following what their contract requires them to do.

If you do follow up with the agency, you may wish to find out if they are even staffing for the unit that you are interested in, you will more than likely find out that they are not, and that is also why you were unable to get a job with the facility directly at this time.

IRS only limits per diem rates and housing stipends if you live less than 50 miles from the facility, they have nothing to do with who is hired and who is not. Hospitals can put any rules into play that they wish, they are the decision maker on this, and not the government.

I do not know any more specifics than what you have posted and have seen this happen over and over again thru the years and in many states, it is definitely not specific to this one facility, or one state, or one city.

[chris_at_lucas_RN]

OK, I didn't say I got a mailer from an agency, I said I got email and it was specific about an opening at the hospital I stated I wanted to work at, etc.

The IRS post wasn't directed to you, Suzanne, it was directed at the poster who thought the IRS was an issue, and it isn't.

I have followed up with the agency, as I posted here. I am not getting specifics except that I do not live far enough away, which of course would cost the hospital more for me to work there, which adds to the cost of health care generally, if this is in fact standard policy.

I have been working with a diffferent agency, and have no issues with them, in fact, I like them, they just don't have a contract with the hospital which is much closer.

You are basically reiterating exactly what I said about the IRS.

I am not sure why this is continuing. My question isn't being answered, we are off on a tangent, it wasn't what I asked, and I am leaving this thread at this point.

Whew! I am SORRY that I brought it up. My time is really to valuable to go around and around over issues that I thought I answered already.

For those who responded sincerely, thank you, even if it wasn't exactly on point, I appreciate your time and consideration.

[MLOS]

I was going to respond to this as I had experience in the staffing industry in my previous life before nursing, but I'd hate for OP to consider it a waste of her valuable time ...

[1studentnurse]

Originally Posted by chris_at_lucas_RN

I think the IRS doesn't care where I live.

They certainly do have rules about how far away you must live in order to collect per diem (housing, etc.), but that is not really what I am trying to understand.

I don't want the per diem, don't need the housing. I want to work. I can work for the same rate close by as I could if I lived 50 or more miles away, cheaper for the hospital because they don't have to pay per diem.

Suzanne:

This poses an interesting situation...have you got any other threads that talk about how to read between the lines on travel assignments, or assignments that try to appear to be travel ones?

[suzanne4]

Check out the travel forum which is separate from this agency forum. Much has been discussed about this on that forum.

IRS has no bearing on this, but what the hospital has in their contracts with agencies that staff them.

What the IRS says or does has no bearing on the contracts between agencies and hospitals. Completely unrelated to this matter.

[1studentnurse]

Thanks! I'll check there if I ever need to!